About that Mark Brown and the Sixth Circuit Court - Page 1

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BabyEagle4U

by BabyEagle4U on 28 December 2016 - 02:12

http://thefreethoughtproject.com/pol...g-getting-way/

War On Us marches on....
Court Rules Police Can Legally Execute Your Dog if It Does Anything But Sit Silently

Jack Burns December 22, 2016 27 Comments

The United States Court of Appeals for the Sixth Circuit concluded Monday that police officers are justified in killing citizens’ pets — even if those animals are not attacking or attempting to attack them.
Judges MOORE and CLAY (Circuit Judges), and HOOD (District Judge) heard an appeal from the plaintiffs Mark and Cheryl Brown, of Battle Creek, Michigan. The Browns filed a lawsuit against the BATTLE CREEK Police Department, the City of Battle Creek, and officers Jeffrey Case, Christof Klein, and Damon Young for the death of their beloved dogs at the hands of sadistic cops.

The incident occurred on April 17th, 2013, when police were attempting to execute a search warrant on the home where the Browns were living because a police informant reported another man, Vincent Jones was distributing heroin, cocaine, and marijuana from the residence. Jones was apprehended before police arrived on the scene.Mark Brown, who was not a suspect in the search, had gone home on his lunch break to let out his two pit bulls. After doing so, he locked the door and headed back to work when police arrived and detained him. He told them he had a key, and that they didn’t need to destroy the front door to gain entry into the home. But destroy it they did.

The Browns dispute the claims by police that the dogs were barking. Mark Brown even testified the smaller of the two dogs had “never barked a day in her life.” Officer Klein said the larger dog was barking and “lunged” at him, but later admitted the pet “had only moved a few inches.”
Despite there being no attack, Klein fired a round at the dog. Both dogs ran away from the officers to the basement, obviously fleeing in fear. There, the two dogs were shot and killed by the officers who felt that they could not properly clear the room and effectively execute the search warrant on the home, explaining they “did not feel [the officers] could safely clear the basement with those dogs down there.”
Going further, the officers stated the “basement was loaded. You’ve gotta look under beds, you’ve gotta do everything, and [the dogs] basically prevented us from doing that, and they were protecting that basement.” Klein testified the smaller pit bull was “just standing there” when it was shot and killed.


Read more at http://thefreethoughtproject.com/pol...VbcFebXuywd.99


Thoughts ? Anyone ?


by vk4gsd on 28 December 2016 - 02:12

If true then its fuct.

Hundmutter

by Hundmutter on 28 December 2016 - 07:12

Sounds possible to make a case for both sides in this one; would not want to judge without more info / having been there.

One question: what does it mean when it says "Jones was apprehended before the police arrived" ? How & by whom ?

by Noitsyou on 28 December 2016 - 19:12

Thank Ronald Reagan for the (phony) drug war that is the reason behind this ongoing assault on our Fourth Amendment rights. The ruling of the judges makes no sense if you read it. If Brown, the owner of the dogs, was not a suspect then he should have been allowed to get his dogs out of there. If, and it is an if, the dogs posed some kind of threat, or potential threat, then it was because the owner was not given the chance to eliminate the threat. The court ruling ignores that part. So it isn't simply that cops can shoot your dog if they perceive a threat or feel unsafe but they can go straight to killing your dog without even trying a non-lethal option even if time and circumstance allow it. That is, the threat does not have to be immediate as in this case where one dog was in the basement. Also, and this is where it gets scary from a rights' perspective, if you are not even a suspect they still don't have to give you the chance to safely secure your property.

A good question is what kind of selection process for officers do some of these departments have because normal people just wouldn't be able to shoot a dog even if technically they could get away with it. I would like to think that most cops would have found a way to get the dogs out of the way that did not include shooting them. It takes a cold person to just kill them like that.





 


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